Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to any Losses suffered by the Indemnitees or any of them or to any Claim asserted against the Indemnitees or any of them which relates directly to any action or omission taken by any of the Indemnitees while in possession or control of the Property which is grossly negligent or constitutes wilful misconduct but shall apply to any Claim occurring during such period that relates to a continuation of conditions previously in existence or of a practise previously employed by any Obligor.
Appears in 5 contracts
Samples: Revolving Term Credit Agreement (Celestica Inc), Revolving Term Credit Agreement (Celestica Inc), Four Year Revolving Term Credit Agreement (Celestica Inc)
Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to any Losses suffered by the Indemnitees or any of them or to any Claim asserted against the Indemnitees or any of them which relates directly to any action the extent such Loss or omission taken by any Claim has resulted from the gross negligence or wilful misconduct of the Indemnitees while in possession or control any of the Property which is grossly negligent or constitutes wilful misconduct but shall apply to any Claim occurring during such period that relates to a continuation of conditions previously in existence or of a practise previously employed by any Obligorthem.
Appears in 4 contracts
Samples: Loan Agreement (Draxis Health Inc /Cn/), Credit Agreement (Mitel Networks Corp), Credit Agreement (Mitel Networks Corp)
Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to (i) any Losses suffered by the Indemnitees or any of them or to any Claim asserted against the Indemnitees or any of them which relates directly to any action the extent such Loss or omission taken by any Claim has resulted from the gross negligence or wilful misconduct of the Indemnitees while in possession or control any of the Property them; and (ii) any Losses with respect to Taxes for which is grossly negligent or constitutes wilful misconduct but shall apply an Indemnitee may claim an indemnity from an Obligor pursuant to any Claim occurring during such period that relates to a continuation Section 5.8(b) of conditions previously in existence or of a practise previously employed by any Obligorthis Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Celestica Inc), Revolving Term Credit Agreement (Celestica Inc), Revolving Term Credit Agreement (Celestica Inc)
Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to (i) any Losses suffered by the Indemnitees or any of them or to any Claim asserted against the Indemnitees or any of them which relates directly to any action the extent such Loss or omission taken by any Claim has resulted from the gross negligence or wilful misconduct of the Indemnitees while in possession or control any of the Property them; and (ii) any Losses with respect to Taxes for which is grossly negligent or constitutes wilful misconduct but shall apply an Indemnitee may claim an indemnity from an Obligor pursuant to any Claim occurring during such period that relates to a continuation Section 3.5(b) of conditions previously in existence or of a practise previously employed by any Obligorthis Agreement.
Appears in 2 contracts
Samples: Revolving Term Credit Agreement (Celestica Inc), Four Year Revolving Term Credit Agreement (Celestica Inc)
Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to any Losses suffered by the Indemnitees or any of them or to any Claim asserted against the Indemnitees or any of them which relates relates, directly or indirectly, to any action or omission taken by of any of the Indemnitees while in possession or control of the Property property of the Borrower, any Guarantor or any other Subsidiary which is grossly negligent or constitutes wilful misconduct but shall apply to any Claim occurring during such period that relates to a continuation of conditions previously in existence or of a practise previously employed by any Obligormisconduct.
Appears in 2 contracts
Samples: Credit Agreement (Mitel Networks Corp), Credit Agreement (Mitel Networks Corp)
Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to any Losses losses suffered by the Indemnitees or any of them or to any Claim asserted against the Indemnitees or any of them which relates relates, directly or indirectly, to any action or omission taken by of any of the Indemnitees while in possession or control of the Charged Property which is grossly negligent or constitutes wilful misconduct but shall apply to any Claim occurring during such period that relates to a continuation of conditions previously in existence or of a practise previously employed by any Obligormisconduct.
Appears in 1 contract
Samples: Master Mortgage Commitment Agreement (Strategic Storage Trust IV, Inc.)
Limitations to Indemnity. The foregoing obligations of indemnification shall not apply to any Losses suffered by the Indemnitees or any of them or to any Claim asserted against the Indemnitees or any of them which relates relates, directly or indirectly, to any action or omission taken by of any of the Indemnitees while in possession or control of the Property property of the Borrower or its Subsidiaries which is grossly negligent or constitutes wilful misconduct but shall apply to any Claim occurring during such period that relates to a continuation of conditions previously in existence or of a practise previously employed by any Obligormisconduct.
Appears in 1 contract
